City of Kawartha Lakes Notice of Public Hearing for Minor Variance 20230113

City of Kawartha Lakes

Committee of Adjustment

Notice of Public Hearing for Minor Variance

This Public Meeting will be held virtually with electronic public participation in accordance with the Municipal Act, 2001 and the Planning Act, 1990.  

The general public and the media can view the Committee of Adjustment webcast through the City of Kawartha Lakes livestream at: www.youtube.com/c/CityofKawarthaLakes.

Take notice, that the Committee of Adjustment of the City of Kawartha Lakes will hold a Public Meeting on January 27, 2023 at 1:00pm in the Council Chambers City Hall, 26 Francis Street, Lindsay, Ontario, to consider minor variance/permission applications, D20-2022-082, D20-2022-087, D20-2022-088, D20-2022-089, D20-2022-090, D20-2022-091.D20-2022-093, D20-2022-094, D20-2022-095, D20-2022-096. A number of applications will be considered at this meeting. The applications are considered in the order that they appear on the Agenda and it may take some time before an application is dealt with at the meeting. The minor variance/permission applications being considered are listed below:

D20-2022-082 – 6369 Highway 35, Part of Lots 25 to 28 Somerville Front Range (being Parts 4 and 5 and Part of Part 3 on Reference Plan 57R-8862) Geographic Township of Somerville, Ward 2, now in the City of Kawartha Lakes -  To consider relief under Section 45(1) of the Planning Act, R.S.O., as amended, from the Township of Somerville Zoning By-law 78-45, as amended. The purpose and effect is to facilitate the construction of a detached garage. Section 18.1.3 a) of the By-law contains a maximum lot coverage for accessory structures of 8% of the lot area to a maximum of 225 square metres; the proposed garage is +/- 468.82 square metres. Section 18.1.3 b) of the By-law contains a maximum height for accessory structures of 5 metres; the proposed height of the garage is +/- 6.4 metres.

D20-2022-087 – 34 Flint Street, Part of Lot 14, Concession 10 (Being Part of Part 1 on Reference Plan 57R7186) Geographic Township of Fenelon, Ward 3, now in the City of Kawartha Lakes - To consider relief under Section 45(1) of the Planning Act., R. S. O., as amended, from the Township of Fenelon Zoning By-Law 12-95, as amended. The purpose and effect is to facilitate the construction of a detached accessory structure (garage) in the front yard. Section 15.2.1.3 (a) and Section 3.1.2.2 requires a front yard setback of 7.5 metres, a setback of 3 metres is proposed.

D20-2022-088 – 86 Wembley Drive, Part Lot 14, Concession 8 (Being Part of Block C, Plan 347) Geographic Township of Somerville, Ward 2, now in the City of Kawartha Lakes - To consider relief under Section 45(1) of the Planning Act., R. S. O., as amended, from the Township of Somerville Zoning By-law 78-45, as amended. The purpose and effect is to facilitate the addition of a second storey to the existing dwelling. Section 5.2 f) of the By-law requires a water setback of 15 metres; the existing setbacks are +/- 5.21 metres (SW corner of deck), 6.86 metres (NW corner of deck), 10.06 metres (NE edge of deck), and 10.11 metres (S corner of dwelling). No further encroachment is proposed.

D20-2022-089 – 26 Lawrence Street, Lot 22, Concession 5 (Being Lot 7 on Plan 356) Geographic Township of Emily, Ward 8, now in the City of Kawartha Lakes - To consider relief under Section 45(1) of the Planning Act., R. S. O., as amended, from the Township of Emily Zoning By-law 1996-30, as amended. The purpose and effect is to facilitate the construction of a detached accessory structure (garage) in the front yard. Section 12.2.1.3 (a) and Section 3.1.2.2 of the By-law requires a front yard setback of 7.5 metres, a setback of +/-4.3 metres is proposed.

D20-2022-090 – 6 Finch Street, Part of Lot 27, Concession 8 (Being Parts 2 and 18 on Reference Plan 57R8735), Geographic Township of Fenelon, Ward 3, now in the City of Kawartha Lakes - To consider relief under Section 45(1) of the Planning Act., R. S. O., as amended, from the Township of Fenelon Zoning By-Law 12-95, as amended. The purpose and effect is to facilitate the construction of a detached accessory structure (garage). Section 3.1.3.1 permits a maximum accessory building coverage up to a maximum of 225 square metres, an accessory building coverage of +/-233.5 square metres is proposed. Section 3.1.3.3 permits a maximum of three (3) accessory structures on a property, six (6) accessory structures are proposed.

D20-2022-091 – 244 Lake Dalrymple Road, Part of Lot 18, Concession 3 (being Lots 79 and 80, Plan 173), Geographic Township of Carden, Ward 1, now in the City of Kawartha Lakes - To consider relief under Section 45(1) of the Planning Act., R. S. O., as amended, from the Township of Carden Zoning By-law 79-2, as amended. The purpose and effect is to facilitate the registration of an existing second dwelling as an Additional Residential Unit (ARU). Section 14.28 vi) requires a minimum lot area of 4,000 square metres to permit an ARU on a lot with private services; the existing lot area is +/- 2,755.3 metres.

D20-2022-093 – 6 Prince Street East, Part Lot 9 East of Main Street, Plan 70, Geographic Village of Bobcaygeon, Ward 2, now in the City of Kawartha Lakes - To consider relief under Section 45(1) of the Planning Act., R. S. O., as amended, from the Village of Bobcaygeon Zoning By-law 16-78, as amended. The purpose and effect is to facilitate a reduction in parking requirements. Section 3.13 a) of the By-law requires 1 parking space per business plus 1 per 30 square metres of floor area. Based on the proposed floor area of the commercial unit, 4 parking spaces would be required; the proposed number of parking spaces is 2.

D20-2022-094 – 21721 Brunon Avenue, Lot 13, Concession B (Being Part of Lot 1 on Plan 550) Geographic Township of Mariposa, Ward 4, now in the City of Kawartha Lakes - To consider relief under Section 45(1) of the Planning Act., R. S. O., as amended, from the Mariposa Comprehensive Zoning By-law 94-07, as amended. The purpose and effect is to facilitate an addition to the existing single detached dwelling, by reducing the existing non-complying front yard setbacks, to construct a covered porch. Section 14.2.1.3 (a) requires a front yard setback of 7.5 metres, a front yard setback of +/-4.22 metres (covered deck), +/-4.56 metres (north steps) and +/-4.22 metres (west steps) is proposed.

D20-2022-095 – 198 Moorings Drive, Part Lot 24, Concession 1, Geographic Township of Somerville, Ward 2, now in the City of Kawartha Lakes - To consider relief under Section 45(1) of the Planning Act., R. S. O., as amended, from the Township of Somerville Zoning By-law 78-45, as amended. The purpose and effect is to facilitate the construction of a new larger dwelling to replace the dwelling that was destroyed by a fire. Section 5.2 f) of the By-law requires a water setback of 15 metres; the proposed setback is +/- 14.7 metres. The reduced setback will increase no further than what previously existed.

D20-2022-096 – 149 Kenedon Drive, Part Lot 17, Concession 7, Geographic Township of Emily, Ward 8, now in the City of Kawartha Lakes - To consider relief under Section 45(1) of the Planning Act., R. S. O., as amended, from the Township of Emily Zoning By-law 1996-30, as amended. The purpose and effect is to fulfil a condition of provisional consent. Section 12.2.1.2 (c) requires a minimum lot frontage of 35 metres, a lot frontage of +/- 24.384 metres is proposed.

The Committee will make a decision according to information or evidence received before and during the hearing.

Additional Information relating to this proposal may be obtained from (Katherine Evans and Megan Peck) during regular office hours.

How to Participate in the Public Hearings

The City of Kawartha Lakes City Hall (Council Chambers) remains closed to the public. While the public is not able to attend Committee of Adjustment meetings in-person, there are several ways in which the general public can provide submissions to the Members of the Committee of Adjustment for the January 27, 2023 meeting, as follows:

• Submit comments in writing: Submit comments in writing to the City of Kawartha Lakes, Planning Department, 180 Kent Street West, Lindsay, Ontario, K9V 2Y6, prior to this meeting or by email to cofa@kawarthalakes.ca. Comments received by 4:00pm on Thursday January 26, 2023 will be provided to Members of the Committee of Adjustment prior to the meeting.

• Register to speak at the Committee of Adjustment Meeting via electronic participation:  should you wish to speak at the Committee of Adjustment meeting, please email the Planning Department at cofa@kawarthalakes.ca. Please include:

• your name (first and last);

• email address in order to send you an invite to participate in the meeting via Zoom which allows for participation by computer, mobile device or telephone;

• which item on the agenda you wish to address; and,

• any visual materials such as pictures or a PowerPoint presentation.

Notwithstanding the deadlines noted above, members of the public are requested to register as soon as possible in order to facilitate an orderly registration process and meeting.

Members of the public are encouraged to email written comments to cofa@kawarthalakes.ca prior to the date above even if they choose to register to speak at the meeting via electronic participation in order for the Committee of Adjustment Members to have their comments in the event they are not successful in joining the electronic meeting.

Electronic Participation for Persons Wishing to Make Representations

Upon receipt of your request to speak at the meeting, you will be provided the Zoom meeting details and password prior to the meeting, including a link to educational resources for those who may be new to using Zoom.

Please note that neither a computer, nor a video sharing device, is required to participate in the meeting via Zoom. You may also opt to call in from a cell or landline. A call-in number will be provided in the email invite for this purpose.

Persons who intend to participate during the meeting may wish to register/sign up in Zoom if they have not already done so. The following information is provided for your consideration and guidance during remote participation in the meeting:

• As screen-sharing will not be enabled for participants during this meeting, those persons who wish to provide a visual presentation (PowerPoint or other) must email it to cofa@kawarthalakes.ca. The Clerk who is moderating the meeting will share your presentation from his/her screen as you speak. Therefore, in order to allow sufficient time for set-up and testing in advance of the meeting start time, those who wish to provide visual presentations are required to register to speak and provide those materials to the Planning Department prior to 4:00pm on January 26, 2023.

• When you join the meeting, either by phone or online, you will be admitted in as an attendee. You will not be greeted upon joining the call. You will be able to hear the meeting and see the active speaker (if you have video capability), but your microphone will be muted until it is your turn to speak.

• You may also follow along on livestream until you are called upon to speak (a separate device is best if you are calling on a cell), but you must mute that feed when you are called on to speak in order to prevent feedback. Please note there may be a 5 to 30 second delay between the live meeting and what you see on livestream.

• If you join the Zoom meeting through your phone, please do not put the phone on hold at any time, as this will result in broadcasting “hold music” online once your microphone function is unmuted.

• To optimize call quality when using a laptop, a headset with microphone is best if available to you; otherwise, whether using your laptop microphone or cell phone, please speak directly into the receiver and do not use speaker phone.

• If you are having technical difficulties on January 27, 2023 with respect to gaining access to Zoom, you may contact the Clerk’s Office via email at clerks@kawarthalakes.ca or call at 705-324-9411 ext. 1322 or ext. 1266. Please be advised that the City has limited resources available and is not able to diagnose or address technical issues with your hardware or internet connection.

• Please be reminded that the meeting will be live streamed and archived to the livestream. If you enable your camera, you will appear to meeting participants and on the livestream.

• Please do not share the Zoom meeting details with anyone or post through social media. These details are restricted to Members of Committee of Adjustment, specifically designated staff, applicants or their representatives and persons that have made a request to speak. All others will be able to watch and listen to the meeting on the City of Kawartha Lakes livestream.

• Public delegations will be provided five (5) minutes in which to make their comments once called upon to speak by the Committee Chair. Questioning of / debate with the members or staff is not permitted. If you have questions, you may state them during your five minutes. Your comments must be directly related to the content of the report(s) to which you are speaking. The Committee Members may choose to ask you follow-up questions following your remarks, comment, or ask staff to respond to what you have said.

• You are encouraged to send written comments for the Committee of Adjustment’s consideration in addition to your oral presentation to cofa@kawarthalakes.ca.

Any person or persons who may wish to receive notice of the decision with respect to this application must appear in person through electronic participation or by counsel at the Public Hearing and in addition, request in writing from the Secretary-Treasurer copies of the decision of the Committee of Adjustment.
Accessible formats and communication supports are available, upon request.

Dated at the City of Kawartha Lakes this 13th Day of January 2023.

Mark LaHay, Secretary-Treasurer

Committee of Adjustment, City of Kawartha Lakes

Lindsay Service Centre, 180 Kent Street West,

Lindsay, Ontario K9V 2Y6

Telephone: 705-324-9411 Extension 1324